Countryside Act 1968

The Natural Resources Body for Wales

General functions of the Commission

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New functions of the Commission

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The NRBW shall keep under review all matters relating to—

• (a) the provision and improvement of facilities for the enjoyment of the countryside,

• (b) the conservation and enhancement of the natural beauty and amenity of the countryside, and

• (c) the need to secure public access to the countryside for the purposes of open-air recreation,

and shall consult with such local planning authorities and other bodies as appear to the NRBW to have an interest in those matters.

• (3) The NRBW shall encourage, assist, concert or promote the implementation of any proposals with respect to those matters made by any person or body, being proposals which the NRBW consider to be suitable.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where it appears to the NRBW that the provision and improvement of facilities for enjoyment of the countryside or the conservation and enhancement of the natural beauty and amenity of the countryside presents special problems or requires special professional or technical skill, the NRBW —

• (a) shall notify their opinion to the appropriate local planning authority or other public body, and

• (b) on the application of any such authority or other body in any case where it appears to the NRBW expedient having regard to the purposes mentioned in section 1(1) of this Act, and to the provisions of section 5(1) of the Act of 1949 (general provisions as respects National Parks), shall place the services of officers or servants of the NRBW , or the services of consultants engaged by the NRBW , at the disposal of the authority or other body for such period as may be agreed between them, and on such terms as to payment or otherwise, as may be so agreed with the approval of the Minister.

• (6) The NRBW shall make to local planning authorities and other public bodies, as respects the exercise of the powers of making byelaws conferred by this Act , the Act of 1949 and Part I of the Countryside and Rights of Way Act 2000, recommendations as to the matters in respect of which byelaws should be made.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) The NRBW shall provide, or assist in the provision of, publicity and information services relating to the countryside, to places of beauty or interest therein, or to the functions of the NRBW, and shall take such steps as appear to them expedient for securing that suitable methods of publicity are used for the prevention of damage in the countryside and for [informing persons resorting to the countryside of their rights and obligations].

• (9) The ... NRBW shall make to the Minister such recommendations as the ... NRBW think proper in respect of applications by local authorities for grants under section 16 of the Welsh Development Agency Act 1975 .

Exercise of functions of Commission in Wales and Monmouthshire

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Experimental projects or schemes

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Grants and loans to persons other than public bodies

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New powers of local authorities

Country parks and commons: preliminary

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• (1) The powers conferred by this and the three next following sections shall be exercisable for the purpose of providing, or improving, opportunities for the enjoyment of the countryside by the public, and a local authority in exercising those powers in any area in the countryside shall have regard—

• (a) to the location of that area in the countryside in relation to an urban or built-up area, and

• (b) to the availability and adequacy of existing facilities for the enjoyment of the countryside by the public.

• (2) In this and the three next following sections “local authority” means—

• (a) the council of a county, . . . or county district, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., the Common Council of the City of London or any London borough council, . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A local authority may exercise the powers conferred by the three next following sections inside or outside their area, . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to provide country parks

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• (1) Subject to section 6 above, a local authority shall have power, on any site in the countryside appearing to them suitable or adaptable for the purpose set out in section 6(1) above, to provide a country park, that is to say a park or pleasure ground to be used for that purpose.

• (2) A local authority shall have power to extend, maintain and manage the country park and to do all other things appearing to them desirable for the said purpose in connection with the provision of a country park and in particular—

• (a) to lay out, plant and improve the site, and to erect buildings and carry out works,

• (b) to provide facilities and services for the enjoyment or convenience of the public, including meals and refreshments, parking places for vehicles, shelters and lavatory accommodation,

• (c) to provide facilities and services for open-air recreation:

• (3) The powers conferred by the foregoing provisions of this section and by the next following section may be exercised by the local authority—

• (a) on land belonging to them, or

• (b) on such terms as may be agreed with the owners and any other persons whose authority is required for the purpose, on other land,

and an agreement under paragraph (b) above may provide for the making by the local authority of payments in consideration of the making of the agreement and payments by way of contribution towards expenditure incurred by the persons making the agreement in consequence thereof.

• (4) A local authority shall have power to acquire compulsorily any land required by them for the purpose of their functions under this and the next following section.

• (5) It if appears to a local authority that a park or pleasure ground provided or acquired by the local authority before the coming into force of this section, or otherwise than under or for the purposes of this section, can suitably be used as a country park, that park or pleasure ground shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section, but—

• (a) this subsection shall not affect any trust, covenant or other restriction to which the park or pleasure ground is subject, and

• (b) no grant shall be payable under this Act in respect of expenditure incurred before the date so determined.

• (6) If it appears to a local authority that land provided or acquired by them before the coming into force of this section, as open country to be used for the purposes of Part V of the Act of 1949, can suitably be used as a country park, that land, or any part of it, shall, from such date as the local authority may determine, be treated for all the purposes of this Act as a country park provided under this section; and, if the land was acquired under section 76 of the Act of 1949 (compulsory acquisition for public access), the land so treated shall cease to be subject to that section, but—

• (a) this subsection shall not affect any trust, covenant or other restriction to which the land is subject; and

• (b) no grant shall be payable under this Act in respect of expenditure incurred before the date so determined.

• (7) A country park provided under this section shall not be subject to any of the following enactments (which relate to parks and pleasure grounds):

• Section 164 of the Public Health Act 1875.

• Section 44 of the Public Health Acts Amendment Act 1890.

• Sections 76 and 77 of the Public Health Acts Amendment Act 1907.

• Section 56(5) of the Public Health Act 1925.

• Section 145 of the Local Government Act 1972.

Country parks: sailing, boating, bathing and fishing

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• (1) Without prejudice to the generality of section 7(2) of this Act, where a country park comprises any waterway the kinds of open-air recreation for which the local authority may provide facilities and services under that subsection shall include sailing, boating, bathing and fishing.

• (2) If a country park is bounded by the sea, or by any waterway which is not part of the sea, the local authority providing the country park shall have power to carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the country park by the public for sailing, boating, bathing and fishing and other forms of recreation.

• (3) The powers conferred by subsections (1) and (2) above include power to erect buildings or carry out works on land adjoining the sea or other waters but outside the country park, and to construct jetties or other works wholly or partly in the sea or other waters.

• (4) The local authority, before acting under the foregoing provisions of this section, shall consult with, and seek the consent of, the National Rivers Authority (if the country park is in England), the NRBW (if the country park is in Wales), and in either case, such authorities, being authorities which under any enactment have functions relating to the sea or other waters in question, as the Minister may either generally or in any particular case direct, and Schedule 1 to this Act shall have effect where any authority so consulted withhold their consent.

• (5) A local authority may make byelaws regulating the use of works carried out by them pursuant to this section and of any facilities or services provided in connection with the works, but before making any such byelaws the local authority shall consult Natural England (if the works are in England) or the NRBW (if the works are in Wales):

• (5A) In the case of byelaws made by a local authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act.

• (5B) In the case of byelaws made by a local authority in Wales –

• (a) sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

• (b) the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers.

• (6) Nothing in this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 (works detrimental to navigation) or section 9 of the Harbours Act 1964 (control of harbour development).

Powers exercisable over or near common land

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• (1) This section has effect as respects any common land to which the public have rights of access, and the powers conferred by this section are to be exercised in the interests of persons resorting to the common land for open-air recreation.

• (2) Subject to the provisions of section 6 above, a local authority may exercise the powers conferred by this section on land taken out of the common land in accordance with this section and Schedule 2 to this Act, or on other land in the neighbourhood of the common land.

• (3) A local authority shall have power to do anything appearing to the local authority to be desirable for the purpose set out in section 6(1) above, and in the interests of persons resorting to the common land, and in particular—

• (a) to provide facilities and services for the enjoyment or convenience of the public, including meals and refreshments, parking places for vehicles, shelters and lavatory accommodation,

• (b) to erect buildings and carry out works:

• (4) Schedule 2 to this Act shall have effect for the purposes of this section, and in that Schedule “the principal section” means this section.

• (5) A local authority shall have power to acquire compulsorily any land in the neighbourhood of the common land which is required by them for the purposes of their functions under this section and which is not common land.

• (6) In this section—

• “common land” has the meaning given by section 22(1) of the Commons Registration Act 1965;

• “common land” means—

• land registered as common land in a register of common land kept under Part 1 of the Commons Act 2006;land to which Part 1 of that Act does not apply and which is subject to rights of common within the meaning of that Act;

• “common land to which the public have rights of access” means—

• land to which section 193 of the Law of Property Act 1925 for the time being applies, other than land to which that section applies by virtue of a revocable instrument, or common land comprised in an access agreement or access order under Part V of the Act of 1949, other than a revocable access agreement or an access agreement expressed to have effect only for a period specified in the agreement, or any other common land to which the public have rights of access permanently or for an indefinite period.

Camping and picnic sites

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• (1) A local planning authority and the council of a county district shall have power to provide in the countryside within their area camping sites for holiday and recreational purposes, to be used primarily as places for setting up tents, with space for parking vehicles and a means of access to and from a road.

• (2) A local planning authority and the council of a county district shall have power to provide in the countryside within their area picnic sites for motorists and others using the roads, with space for parking vehicles and a means of access to and from a road.

• (3) Subject to the provisions of this section, the local authority shall have power to do anything appearing to them desirable in connection with the provision of a site under subsection (1) or subsection (2) above, and in particular to manage a site or to lease it to some other person, and to provide for the use of those occupying the site any services or facilities for their health or convenience.

• (4) A local authority shall have power to acquire compulsorily any land required by them for the purposes of their functions under this section.

Nature conservation, National Parks and access to open country

Conservation of natural beauty

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In the exercise of their functions relating to land under any enactment every Minister, government department and public body shall have regard to the desirability of conserving the natural beauty and amenity of the countryside.

Facilities in or near National Parks

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• (1) A local planning authority whose area consists of or includes the whole or any part of a National Park may, ..., make arrangements for securing the provision forthe area of the local planning authority (whether by the authority or by other persons) of study centres and other facilities for learning about the history, natural features, flora and fauna of the National Park and the objects of architectural, archaeological or historical interest therein; and section 12 of the Act of 1949 (provision of facilities in National Parks) shall have effect as if the functions of local planning authorities under this subsection were functions conferred by subsection (1) of that section.

• (2) The functions conferred by subsection (1) of the said section 12 of the Act of 1949 shall include the making of arrangements for securing the provision in their area (whether by the authority or by other persons)—

• (a) of public sanitary conveniences in proper and convenient situations, and

• (b) of receptacles for refuse or litter, and services for the regular emptying and cleansing of those receptacles.

• (3) A local planning authority whose area consists of or includes any part of a National Park which is bounded by the sea, or by any waterway which is not part of the sea, may, on land which is in or in the neighbourhood of the National Park, carry out such work and do such other things as may appear to them necessary or expedient for facilitating the use of the waters so adjoining the National Park by the public for sailing, boating, bathing and fishing and other forms of recreation:

• (4) The works which a local planning authority may carry out under subsection (3) above include the construction of jetties and other works wholly or partly in the sea or in other waters.

• (5) A local planning authority may make byelaws regulating the use of works carried out by them under subsection (3) above in the waters bounding a National Park and of any facilities or services provided in connection with the works, but before making any such byelaws the local planning authority shall consult Natural England (if the National Park is in England) or the NRBW (if the National Park is in Wales):

• (5A) In the case of byelaws made by a local planning authority in England, section 106 of the Act of 1949 (supplementary provisions as to byelaws) shall have effect as if byelaws under subsection (5) were byelaws under that Act.

• (5B) In the case of byelaws made by a local planning authority in Wales –

• (a) sections 3 to 19 of the Local Government Byelaws (Wales) Act 2012 apply, and

• (b) the confirming authority for the purposes of section 7 of that Act is the Welsh Ministers.

• (6) The Act of 1949 shall have effect as if subsections (3) and (4) above formed part of section 13(1) of that Act, and section 75 of that Act (which relates to the exercise of powers under the said section 13 as respects land comprised in access orders) shall have effect accordingly, and . . .

• (7) Subsections (2), (3) and (4) of section 13 of the Act of 1949 (carrying out of work on behalf of local planning authority by some other authority) shall apply to any part of the sea bounding a National Park as they apply to a waterway.

• (8) Nothing in the said section 13 as extended by this section shall authorise the carrying out of any operation in contravention of section 34 of the Coast Protection Act 1949 or section 9 of the Harbours Act 1964.

Lakes in National Parks: control of boats etc.

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